INTRODUCTION

Working hours of adults are covered under the sections 51-66 of the Factories Act of 1948.
Through these provisions the government wanted to lay down the basic norms for the
working hours of labourers in factories through this act.

Section 2 defines some of the terms being used in the act. They are as follows:

 Adult – A person who has completed the age of 18 years

 Calendar year – The period of 12 months beginning with the first day of January in
any year
 Day – Means a period of 24 hours beginning with midnight
 Week – A period of 7 days beginning at midnight on Saturday night or such other
night as may be approved in writing for a particular area by the Chief Inspector of
Factories

Section 51. Weekly hours

No adult worker shall be required or allowed to work in a factory for more than forty-eight
hours in any week. Section 51 does not prohibit requiring an employee working 42 hours a
week to work 48 hours after departmental transfer and he cannot claim overtime wages for
those additional six hours.

Section 52. Weekly holidays

(1) No adult worker shall be required or allowed to work in a factory on first day of the week
(hereinafter referred to as the said day), unless-

 (a) he has or will have a holiday for whole day on one of three days immediately
before or after the said day, and

 (b) the manager of the factory has, before the said day or the substituted day under
clause (a), whichever is earlier,-

o (i) delivered a notice at the office of the Inspector of his intention to require
the worker to work on the said day and of the day which is to be substituted,
and

o (ii) displayed a notice to that effect in the factory:

Provided that no substitution shall be made which will result in any worker working for
more than ten days consecutively without a holiday for a whole day.

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(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office
of the Inspector and a notice displayed in the factory not later than the day before the said
day or the holiday to be cancelled, whichever is earlier.

(3) Where, in accordance with the Provisions of sub-section (1), any worker works on the
said day and has had a holiday on one of the three days immediately before it, that said day
shall, for the purpose of calculating his weekly hours of work, be included in the preceding
week.

John Douglas Keith Brown vs. State Of West Bengal on 17 December, 19641

HEADNOTE:

The appellant was an "occupier", as defined in s. 20(n) of the Factories Act, of certain
mills. The manager of the mills contravened the provisions of s. 52 of the Act under
which, whenever workers are required to work on a weekly holiday, specific permission
of the Chief Inspector of Factories in respect of each and every worker who is
required to work on such a day should be obtained. Though the manager apprised the
appellant of what he was proposing to do, the appellant took no steps to restrain him
from putting into operation a new schedule of work which was in violation of s. 52. The
appellant was charged with an offence under s. 92 read with s. 52 of the Act and
convicted. The conviction was confirmed by the Sessions Court in appeal and by the High
Court in Revision. In appeal to the Supreme Court it was contended that undeR s. 52(i) (b)
(i), the duty was cast upon the manager to give notice to the appropriate authority, of a
change in the weekly holiday, and the omission of the manager to give such notice would
not render the occupier vicariously liable.

HELD : The opening words of the section indicate a prohibition from requiring or
permitting an adult worker to work in a factory on the first day of the week. This
prohibition is general and is not confined to a manager Me prohibition is lifted if steps are
taken under cls. (a) and (b). Under cl. (b) the manager could give and display a notice only
for the purpose of securing an exemption from the prohibition and therefore it does not
impose a positive duty on the manager to do something. It follows that, where something
was done in breach of the prohibition enacted by s. 52(1), both the manager and the
"occupier" would be liable. [641 E-G] Moreover, what the manager did was done with the
full knowledge and possibly with the consent of the appellant. The "occupier" having actual
knowledge that the manager was doing something which was not within the purview of s.
52(1) cls. (a) and (b), he must be held guilty of the contravention of the provisions of
the sections. [644 E]

1
1965 AIR 1341, 1965 SCR (2) 639

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Section 53. Compensatory holidays
(1) Where, as a result of the passing of an order of the making of a rule under the provisions
of this Act exempting a factory or the workers therein from the provisions of section 52, a
worker is deprived of any of the weekly holidays for which provision is made in sub-section
(1) of that section he shall be allowed, within the month in which the holidays were due to
him or within the two months immediately following that month, compensatory holidays of
equal number to the holidays so lost.

(2) The State Government may prescribe the manner in which the holidays for which
provision is made in sub-section (1) shall be allowed.

Section 54. Daily hours

Subject to the provisions of section 51, no adult worker shall be required or allowed to work
in a factory for more than nine hours in any day.

Provided that subject to the previous approval of the Chief Inspector the daily maximum
specified in this section may be exceeded in order to facilitate the change of shifts.

Section 55. Intervals for rest

(1) The periods of work of adult workers in a factory each day shall be so fixed that no
period shall exceed five hours and that no worker shall work for more than five hours before
he has had an interval for rest of at least half an hour.

(2) The State Government or, subject to the control of the State Government, the Chief
Inspector, may, by written order and for the reason specified therein, exempt any factory
from the provisions of sub-section (1) so however that the total number of hours worked by
a worker without an interval does not exceed six.

Section 56. Spreadover

The period of work of an adult worker in a factory shall be so arranged that inclusive of his
intervals for rest under section 55, they shall not spread over more than ten and a half hours
in any day:

Provided that the Chief Inspector may, for reasons to be specified in writing, increase the
spread over up to twelve hours.

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Section 57. Night shifts
Where a worker in a factory works on a shift which extends beyond midnight-

(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his
case a period of twenty-four consecutive hours beginning when his shift ends;

(b) the following day for him shall be deemed to be the period of twenty-four hours
beginning when such shift ends, and the hours he has worked after midnight shall be
counted in the previous day.

Section 58. Prohibition of overlapping shifts

(1) Work shall not be carried on in any factory by means of a system of shifts so arranged
that more than one relay of workers is engaged in work of the same kind at the same time.

(2) The State Government or subject to the control of the State Government, the Chief
Inspector, may, by written order and for the reasons specified therein, exempt on such
conditions as may be deemed expedient, any factory or class or description of factories or
any department or section of a factory or any category or description of workers therein
from the provisions of sub-section (1).

Section 59. Extra wages for overtime

(1) Where a worker works in a factory for more than nine hours in any day or for more than
forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at
the rate of twice his ordinary rate of wages.

(2) For the purposes of sub-section (1), "ordinary rate of wages" means the basic wages plus
such allowances, including the cash equivalent of the advantage accuring through the
concessional sale to workers of foodgrains and other articles, as the worker is for the time
being entitled to, but does not include a bonus and wages for overtime work.

(3) Where any workers in a factory are paid on a piece-rate basis, the time-rate shall be
deemed to be equivalent to the daily average of their full- time earnings for the days on
which they actually worked on the same or identical job during the month immediately
preceding the calendar months during which the overtime work was done, and such time-
rates shall be deemed to be the ordinary rates of wages of those workers:

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Provided that in the case of a worker who has not worked in the immediately preceding
calender month on the same or identical job, the time-rate shall be deemed to be
equivalent to the daily average of the earnings of the worker for the days on which he
actually worked in the week in which the overtime work was done.

(4) The cash equivalent of the advantage accruing through the concessional sale to a worker
of foodgrains and other articles shall be computed as often as may be prescribed on the
basis of the maximum quantity of foodgrains and other articles admissible to a standard
family.

(5) The State Government may make rules prescribing-

(a) The manner in which the cash equivalent of the advantage accruing through the
concessional sale to a worker of foodgrains and other articles shall be computed; and

(b) The registers that shall be maintained in a factory for the purpose of securing
compliance with the provisions of this section.

Clothing factory, national workers union, Avadi, Madras v. Union of India2

HEADNOTE: The controversy that requires determination in this appeal is whether piece-
rated workers are entitled to over- time wages for work done beyond the normal hours of
44-3/4 hours and upto 48 hours in a week, i.e. for 3-1/4 hours in a week and the rate at
which they should be paid the overtime wages for those hours. The workers of the Clothing
Factory are divided into two categories viz., (i) day workers and (ii) piece-rated workers.
Whereas the day workers are paid wages in the scale of Rs.260-400, on the basis of their
actual attendance the piece-rated workers are paid on actual output or production
calculated on the basis of time required for making the item at an hourly rate to be arrived
at in accordance with the formula prescribed for the purpose. According to the appellants,
the piece-rate system was introduced sometime in 1963 and since then the piece-rate
workers were paid overtime wages accordingly for work done beyond the normal working
hours i.e. 44-3/4 hours (8 hours per day other than Saturdays when the working hours are
4-3/4 hours), but the same was abruptly stopped from 1983 so much so that they were
even denied the wage at the normal rate for work done beyond normal hours and upto
48 hours. Being dissatisfied, the appellant Union filed a writ petition in the High Court of
Madras praying for a suitable direction to the respondents to pay the piece-rate workers
extra or overtime wages at the rate prescribed by section 59(1) of the Factories Act if the
total working hours of any workman exceeded 44-3/4 hours in a week. The learned Single
Judge of the High Court by his order dated 6th December 1983, dismissed the writ
petition. An appeal was preferred by the appellant Union but whilst the said appeal was

2
1990 AIR 1383

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yet pending disposal by the High Court, the appellant Union filed yet another writ petition
in the same High Court, which was later transferred to the Central Administrative Tribunal
and which has been disposed of by the Tribunal by the impugned order. The appeal
preferred against the order of the learned single Judge of the High Court was later
dismissed for default. The workers claim that they are entitled to extra wages for these 3-
1/4 hours at double the normal rate in accordance with section 59(1) of the Factories Act
whereas the Union denies such liability.

HELD: There is no dispute that the workers are paid overtime wages for work done in
excess of 9 hours on any day or 48 hours in any week in accordance with section 59 of the
Factories Act. This section does not provide for overtime wages for work done in excess of
the normal working hours and upto 48 hours. [624C] Under the Presidential order of 1st
September, 1959, overtime wage was payable for work in excess of normal working
hours and upto 9 hours on any day or 48 hours in a week at the rate prescribed in the
departmental rules. By the subsequent Presidential Order of 13th February, 1963, the
method of calculation and payment of overtime wage to piece workers was outlined.
Under these orders the day workers are allowed overtime wages for working beyond
the normal working hours whereas piece workers are allowed piece work profits as may be
earned by them for working beyond normal working hours and upto 48 hours in a week. In
the instant case, the grant of overtime wages for the period in excess of the normal working
hours of 44-3/4 per week and upto 48 hours is governed by the relevant departmental
rules and Section 59(1) of the Factories Act comes into play only if a piece worker has
worked beyond 9 hours in a day or 48 hours in a week and not otherwise. Further, piece
workers are allowed piece work profits as may be earned by them for working beyond
normal working hours and upto 48 hours in a week.

Section 60. Restriction on double employment

No adult worker shall be required or allowed to work in any factory on any day on which he
has already been working in any other factory, save in such circumstances as may be
prescribed.

Section 61. Notice of periods of work for adults

(1) There shall be displayed and correctly maintained in every factory in accordance with the
provisions for sub-section (2) of section 108, a notice of periods of work for adults, showing
clearly for every day the periods during which adult workers may be required to work.

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(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in
accordance with the following provisions of this section, and shall be such that workers
working for those periods would not be working in contravention of any of the provisions of
sections 51, 52, 54, 55, 56 and 58.

(3) Where all the adult workers in a factory are required to work during the same periods,
the manager of the factory shall fix those periods for such workers generally.

(4) Where all the adult workers in a factory are not required to work during the same
periods, the manager of the factory shall classify them into groups according to the nature
of their work indicating the number of workers in such group.

(5) For each group, which is not required to work on a system of shifts, the manager of the
factory shall fix the periods during which the group may be required to work.

(6) Where any group is required to work on system of shifts and the relays are to be subject
to pre-determined periodical changes or shifts, the manager of the factory shall fix the
periods during which each relay of the group may be required to work.

(7) Where any group is to work on a system of shifts and the relays are to be subject to pre-
determined periodical changes of shifts, the manager of the factory shall draw up a scheme
of shifts, whereunder the period during which any relay or group may be required to work
and the relay which will be working at any time of the day shall be known for any day.

(8) The State Government may prescribe forms of the notice required by sub-section (1) and
the manner in which it shall be maintained.

(9) In the case of a factory beginning work after the commencement of this Act, a copy of
the notice referred to in sub-section (1) shall be sent in duplicate to the Inspector before the
day on which work is begun in the factory.

(10) Any proposed change in the system of work in any factory which Will necessitate a
change in the notice referred to in sub-section (1) shall be notified to the Inspector in
duplicate before the change is made, and except with the previous sanction of the
Inspector, no such change shall be made until one week has elapsed since that last change.

Section 62. Register of adult workers

(1) The manager of every factory shall maintain a register of adult workers, to be available
to the Inspector at all times during working hours, or when any work is being carried on in
the factory, showing-

(a) the name of each adult worker in the factory;

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 (b) the nature of his work;

(c) the group, if any, in which he is included;

(d) where his group works on shift, the relay to which he is allotted; and

(e) such other particulars as may be prescribed

Provided that if the Inspector is of opinion that any muster-roll or register maintained as a
part of the routine of a factory gives in respect of any or all the workers in the factory the
particulars required under this section, he may, by order in writing, direct that such muster-
roll or register shall to the corresponding extent be maintained in place of, and be treated
as, the register of adult workers in that factory.

Section 63. Hours of work to correspond with notice under section 61 and
register under section 62
No adult worker shall be required or allowed to work in any factory otherwise than in
accordance with the notice of periods of work for adults displayed in the factory and the
entries made beforehand against his name in the register of adult workers of the factory.

Section 64. Power to make exempting rule

(1) The State Government may make rules defining the persons who hold positions of
supervision or management or are employed in a confidential position in a factory or
empowering the Chief Inspector to declare any person, other than a person defined by such
rules as a person holding position of supervision or management or employed in a
confidential position in a factory if, in the opinion of the Chief Inspector, such person holds
such position or is so employed and the provision of this Chapter, other than the provisions
of clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, shall not
apply to any person so defined or declared :

Provided that any person so defined or declared shall, where the ordinary rate of wages of
such person does not exceed the wage limit specified in sub-section (6) of section 1 of the
Payment of Wages Act, 1936 (4 of 1936), as amended from time to time, be entitled to extra
wages in respect of overtime work under section 59.

(2) The State Government may make rules in respect of adult workers in factories providing
for the exemption, to such extent and subject to such conditions as may be prescribed-

 (a) of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54,
55 and 56;

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  (b) of workers engaged in work in the nature of preparatory or complementary work
which must necessarily be carried on outside the limits laid down for the general
working of the factory, from the provisions of sections 51, 54, 55 and 56;

 (c) of workers engaged in work which is necessarily so intermittent that intervals

during which they do not work while on duty, ordinarily amount to more than the
intervals for rest required by or under section 55, from the provisions of sections 51,
54, 55 and 56;

 (d) of workers engaged in any work which for technical reasons must be carried on
continuously from the provisions of sections 51, 52, 54, 55 and 56;

 (e) of workers engaged in making or supplying articles of prime necessity which must
be made or supplied every day, from the provisions of section 51 and section 52;

 (f) of workers engaged in a manufacturing process which cannot be carried on

except during fixed seasons, from the provisions of section 51, section 52 and
section 54;

 (g) of worker engaged in a manufacturing process, which cannot be carried on

except at times dependent on the irregular action of natural forces, from the
provisions of sections 52 and 55;

 (h) of workers engaged in engine-rooms of boiler-houses or in attending to power-

plant or transmission machinery, from the provisions of section 51 and section 52; (i)
of workers engaged in the printing of newspapers, who are held up on account of
the breakdown of machinery, from the provisions of sections 51, 54 and 56.

(3) Rules made under sub-section (2) providing for any exemption may also provide for any
consequential exemption from the provisions of section 61 which the State Government
may deem to be expedient, subject to such conditions as it may prescribe.

(4) In making rules under this section, the State Government shall not exceed, except in
respect of exemption under clause (a) of sub-section (2), the following limits of work
inclusive of overtime : -

 (i) the total number of hours of work in any day shall not exceed ten;

 (ii) the spreadover, inclusive of intervals for rest, shall not exceed twelve hours in
any one day;

Provided that the State Government may, in respect of any or all of the categories of
workers referred to in clause (d) of sub-section (2), make rules prescribing the
circumstances in which, and the conditions subject to which, the restrictions imposed by
clause (i) and clause (ii) shall not apply in order to enable a shift worker to work the whole
or part of a subsequent shift in the absence of a worker who has failed to report for duty;
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  (iii) the total number of hours of work in a week including overtime, shall not exceed
sixty;

 (iv) the total number of hours of overtime shall not exceed fifty for any one quarter.

(5) Rules made under this section shall remain in force for not more than five years.

Section 65. Power to make exempting orders

(1) Where the State Government is satisfied that, owing to the nature of the work carried on
or to other circumstances, it is reasonable to require that the periods of work of any adult
worker in any factory or class or description of factories should be fixed beforehand, it may,
by written order, relax or modify the provisions of section 61 in respect of such workers
therein, to such extent and in such manner as it may think fit, and subject to such conditions
as it may deem expedient to ensure control over periods of work.

(2) The State Government or, subject to the control of the State Government the Chief
Inspector may, by written order, exempt on such conditions as it or he may deem expedient,
any or all of the adult workers in any factory or group or class or description of factories
from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the
exemption is required to enable the factory or factories to deal with an exceptional pressure
of work.

1(3) Any exemption granted under sub-section (2) shall be subject to the following
conditions, namely:

 (i) the total number of hours of work in any day shall not exceed twelve;

 (ii) the spreadover, inclusive of intervals for rest, shall not exceed thirteen hours in
any one day;

 (iii) the total number of hours of work in any week, including overtime, shall not
exceed sixty;

 (iv) no worker shall be allowed to work overtime, for more than seven days at a
stretch and the total number of hours of overtime work in any quarter shall not
exceed seventy-five.

Section 66. Further restriction on employment of women

(1) The provisions of this Chapter shall, in their application to women in factories, be
supplemented by the following further restrictions, namely:-

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  (a) no exemption from the provisions of section 54 may be granted in respect of any
woman;

 (b) no woman shall be required or allowed to work in any factory except between
the hours 6 A.M. and 7 P.M.;

Provided that the State Government may, by notification in the Official Gazette, in respect
of any factory or group or class or description of factories, vary the limits laid down in clause
(b), but so that no such variation shall authorise the employment of any woman between
the hours of 10 P.M. and 5 A.M..

 (c) there shall be no change of shifts except after a weekly holiday or any other
holiday.

(2) The State Government may make rules providing for the exemption from the restrictions
set out in sub-section (1), to such extent and subject to such conditions as it may prescribe,
of women working in fish-curing or fish- canning factories, where the employment of
women beyond the hours specified in the said restrictions, is necessary to prevent damage
to, or deterioration in any raw material.

(3) The rules made under sub-section (2) shall remain in force for not more than three years
at a time.

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